Question: I live in the state of Georgia, within the city limits of thomaston. Yesterday i was on my home from work and received a phone call from my boyfriend stating my neighbor that lives across the highway came into my yard and hit my dog with a metal baseball bat repetitively. when i pulled into my drive way a cop was there to write me a dog running loose citation. (which i do understand is my fault) When i went across the street to talk to the five witnesses they stated my dog got out of the fence and was on MY property (never left my property), the lady from across the highway decided to walk into my yard and call my dog to her, when my dog walked to her but kept a safe distance she barked, she called for her daughter to bring her a stick. Then swung at my dog twice missing, both times my dog backed away from her. moments later her husband comes running out of his house and across the highway with a metal baseball bat and strikes my dog in the ribs, the witness said my dog didn't do anything, then he strikes her in the butt, my dog still didn't do anything, then he strikes her in the leg, and my dog still doesn't proceed to bite him, then he strikes my dog in the head then my dog goes into convulsions and is knocked unconscious, the man hits her two more times before him and his family return across the highway into his yard. The animal control officer came to talk to me this morning stating he wasn't going to press charges against the man because the man felt threatened by my dog. Does it sound like i have a case for animal cruelty, he didn't kill the dog and i took her to the vet this morning and there isn't any internal bleeding or damage. she is bleeding on her nose and has patches of skin missing from her nose. Also the cop said i cant press trespassing charges because the man feared for his life. i wasn't there to witness any of this and soly relying off statement of witnesses ive never met before. Does this sound like i can also press trespassing charges.
Answer: The real question is: Do you intend to pay an attorney $ 2500-5000 to pursue your claims. The witnesses have to be interviewed and subpoenaed to court. Although they apper to be supportive, it becomes a different story when they are forced to miss work or school. If the witnesses testify as you suggest. there will be warrants issued for cruelty to animals and criminal trespass. But again, do you have the money to pay the attorney to pursue the case.
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